New York Court of Appeals, 1966

People v. Pena

New York Court of Appeals · Decided October 27, 1966 · Bergan, Burke, Desmond, Fuld, Herewith, Keating, McQueen, Question, Reach, Scileppi, Upon, Voorhis, Vote

18 N.Y.2d 837; 222 N.E.2d 604; 275 N.Y.S.2d 843; 1966 N.Y. LEXIS 1034

Opinion of the Court

MemoRandum. The evidence obtained pursuant to the search warrant was properly received into evidence; there was no need to disclose the informer’s identity (People v. Valentine, 17 N Y 2d 128; People v. White, 16 N Y 2d 270; People v. Malinsky, 15 N Y 2d 86). The statements made at the scene were properly admitted into evidence (People v. Huntley, 15 N Y 2d 72, 77). Miranda v. Arizona (384 U. S. 436) is not applicable to the present case (People v. McQueen, 18 N Y 2d 337, decided herewith).

Judges Van Voorhis, Burke, Scileppi, Bergan and Keating concur in Memorandum; Chief Judge Desmond and Judge Fuld dissent and vote to reverse upon the dissenting opinion in People v. McQueen (18 N Y 2d 337, decided herewith) and reach no other question.

Upon reargument: Judgment affirmed in a Memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.